Family Law Glossary

Acknowledgment of Service

A document signed by a person who has been served with court documents, confirming they received them.

Affidavit

A written statement of facts that is sworn or affirmed to be true and is used as evidence in court proceedings

Alternative Dispute Resolution (ADR)

A process for resolving disputes without going to court. Examples include mediation, negotiation and arbitration.

Applicant

An applicant is the party who starts a family law case by filing an application with the court

Asset Pool

The total value of assets, liabilities and financial resources considered when determining a property settlement.

Barrister

A barrister is an independent lawyer with specialist skills in dispute resolution, litigation strategy and advice, and advocacy before the court. In Victoria, an Australian lawyer who wishes to practise as a barrister will generally become a member of the Victorian Bar.

Binding Financial Agreement (BFA)

A legally enforceable agreement that sets out how property, assets and financial matters will be divided if a relationship breaks down. Also known as a “pre-nuptial agreement” or “prenup.”

Child Impact Report

A report prepared by a court-appointed professional that assists the court in understanding a child’s circumstances and best interests.

Child Support

Financial contributions paid by one parent to assist with the costs of raising a child. Child support is generally administered by Services Australia.

Companion Animal

The Family Law Act 1975 term for a family pet: an animal kept by the parties, or either of them, primarily for the purpose of companionship. Assistance animals, animals kept as part of a business, animals kept for agricultural purposes and animals kept for laboratory use are excluded. Since 10 June 2025 pets have been dealt with under their own framework. The Court can order only that one party own the animal, that it be transferred to another person who has consented, or that it be sold; it cannot order shared ownership or shared care.

Consent Orders

Legally binding court orders made by agreement between parties. They can deal with parenting arrangements, property division, spousal maintenance or a combination of these issues.

Contravention

A contravention means a failure to comply with, or a breach of, a court order made under the Family Law Act 1975 (Cth).

Costs Agreement

A costs agreement is a legally binding contract between a lawyer and a client outlining how much legal services will cost and how they will be billed.

Costs Order

An order requiring one party to pay some or all of another party’s legal costs. In family law proceedings, each party generally pays their own legal costs, but the court may make a costs order where it considers it just to do so.

Counsel

In Australian law, Counsel typically refers to a Barrister.

Court Event

A scheduled court appearance, hearing, directions hearing, mention or conference.

Court Orders

Directions or decisions made by a judicial officer that parties must follow. Orders may be interim (temporary) or final.

Cross-Examination

The process by which a party challenges and tests the evidence of another party or witness through questioning in court.

Custody

A term commonly used to describe arrangements for children after separation.

De Facto Relationship

A relationship between two people who live together as a couple but are not legally married. Under Australian family law, most de facto couples have similar rights and obligations to married couples.

Disbursement

A disbursement is a fee or other charge that a law practice may incur on your behalf. These may include, court filing fees, barrister’s fees, other expert’s fees or company/title search fees.

Divorce

The legal ending of a marriage. Australia has a no-fault divorce system, meaning the court does not consider who caused the relationship breakdown.

Duty of Disclosure

The legal obligation to provide complete and honest information about finances, assets, liabilities and relevant circumstances.

Equal Shared Parental Responsibility

A legal concept relating to major long-term decisions for children, such as education, health and religion. It does not necessarily mean equal time with each parent.

Family Dispute Resolution (FDR)

A structured mediation process that helps separated families resolve parenting and other disputes without going to court.

Family Law Act 1975

The primary legislation governing family law matters in Australia.

Family Report

A report prepared by a psychologist or social worker to help the court make decisions about parenting arrangements.

Family Violence

Behaviour that is threatening, coercive, controlling or abusive, including physical, emotional, psychological, financial or technological abuse.

Final Orders

Court orders that permanently determine issues such as property division or parenting arrangements, unless varied later by a court.

Financial Agreement

A financial agreement is a written agreement made between parties to a marriage or de facto relationship that deals with financial matters such as property division, financial resources, and spousal maintenance.

Financial Disclosure

The process of exchanging financial information and documents relevant to a family law matter.

Financial Statement

A document filed with the court setting out a person’s income, expenses, assets, liabilities and financial resources. It is commonly required in property settlement and spousal maintenance cases.

Genuine Steps Certificate

A document filed with certain family law applications confirming the steps taken to attempt to resolve the dispute before commencing court proceedings.

Hearing

A Hearing is a Court event where a judge, judicial registrar or other judicial officer considers evidence, legal arguments or procedural issues and makes decisions or orders about a family law matter. Hearings may be procedural, interim or final.

Independent Children's Lawyer (ICL)

A lawyer appointed by the court to represent a child’s best interests in certain parenting cases.

Initiating Application

The court document used to commence family law proceedings. It sets out the orders being sought by the applicant.

Interim Defended Hearing (IDH)

Is a court event where a decision can be made about particular issues in dispute in the case on an interim or interlocutory basis, by a Judge or a Senior Judicial Registrar.

Interim Orders

Temporary court orders made before a final hearing.

Judicial Registrar

A judicial officer who can hear and determine certain family law matters.

Litigation

The process of resolving a dispute through court proceedings.

Matrimonial Home

The home occupied by spouses during a marriage. It is generally considered part of the property pool.

Mediation

A dispute resolution process where an independent mediator assists parties to negotiate an agreement.

Mediator

A family law mediator in Australia is an impartial, trained professional who facilitates negotiation between separating couples.

Minute of Consent Orders

A draft document containing agreed orders that parties ask the court to make without requiring a contested hearing.

Minute of Proposed Orders

A document setting out the precise orders a party wants the court to make. It may accompany an Initiating Application, Response or Interim Application.

Notice of Address for Service

A document notifying the court and other parties of the address where legal documents should be sent.

Notice of Child Abuse, Family Violence or Risk

A court document filed when concerns exist about a child’s safety or exposure to risk.

Parental Responsibility

Under the Family Law Act 1975 (Cth), parental responsibility means “all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.”

Parenting Orders

Court orders that set out arrangements for children, including where they live, spend time and communicate with parents and others.

Parenting Plan

A written agreement between parents about parenting arrangements. Unlike court orders, parenting plans are generally not legally enforceable.

Property Settlement

The legal division of property, assets, liabilities and superannuation following separation.

Recovery Order

A court order requiring that a child be returned to a parent, a person with whom the child is to live, spend time or communicate under a parenting order, or a person who has parental responsibility for the child.

Relocation

The proposed move of a child and a parent to another town, city, state or country that may affect a child’s living arrangements or their ability to spend time with the other parent. If parents cannot agree about a relocation, the court may determine whether the move is in the child’s best interests

Reply

A document allowing a party to respond to new issues raised in a response.

Respondent

The person responding to a court application brought by another party.

Response to Initiating Application

A document filed by the respondent outlining which orders they agree with, oppose, or seek themselves.

Section 60I Certificate

A certificate issued by a Family Dispute Resolution practitioner after parties attempt family dispute resolution. In many parenting cases, it is required before applying to the court.

Separation

The breakdown of a relationship where one or both parties decide the relationship has ended.

Separation Under One Roof

Separation under one roof occurs when spouses have separated and ended their marital relationship but continue to live in the same home.

Service Documents

Documents that prove court papers have been provided to the other party in accordance with court rules.

Spousal Maintenance

Financial support paid by one spouse or former spouse to another when that person cannot adequately support themselves.

Subpoena

Is a legal document issued by the court at the request of a party to proceedings that compels a person or organisation to produce documents, give evidence, or do both.

Subpoena for Production

A subpoena requiring records or documents to be produced to the court, such as school records, medical records or financial records.

Subpoena to Give Evidence

A subpoena requiring a person to attend court and provide oral evidence.

Superannuation Splitting

The division of superannuation interests between separating spouses or de facto partners.

Supervised Time

Time that a child spends with a parent or other person in the presence of an approved third party who monitors the interaction and helps ensure the child’s safety and wellbeing.

Transcript

A transcript is the written record of what was said during a court hearing or proceeding. It is prepared from the official audio recording of the hearing and forms an official record of the proceedings.

Trial

A final court hearing where a judge determines disputed issues after considering evidence.

Undertaking

A formal promise given to the court. Breaching an undertaking can have serious consequences.

Victorian Civil and Administrative Tribunal (VCAT)

A Victorian tribunal dealing with a range of civil matters. While VCAT does not generally hear family law disputes, it may be relevant in related legal matters.

Without Prejudice

A legal term indicating that communications made during settlement negotiations cannot generally be used as evidence in court.

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Further terms

These additional terms come up often in Victorian family law matters, particularly once a matter reaches the Federal Circuit and Family Court of Australia.

Arbitration

A dispute resolution process in which an independent arbitrator hears the parties and makes a decision, rather than helping them reach their own agreement. It is available in financial matters. An arbitrator should be accredited with AIFLAM, the Australian Institute of Family Law Arbitrators and Mediators.

Certificate of Dispute Resolution

The prescribed certificate a registrar or practitioner must complete at the end of a dispute resolution conference, and provide to the Court. It records whether the matter resolved in whole or in part, whether the parties attended, and whether the parties made a genuine effort to resolve the issues.

Child of the Marriage

Broader than a biological child of both parties. It includes a child born before the marriage or after separation, a child adopted by the parties, and any child treated as a member of the family before final separation, such as a step-child or foster child.

Conciliation Conference

A court-convened dispute resolution event dealing only with financial matters. Unlike court-based family dispute resolution, which is free, a conciliation conference attracts a fee set under the Family Law (Fees) Regulations 2022.

Critical Incident List

A list operated by the Court for applications filed where no parent is available to care for a child as a result of death, including homicide, critical injury, or incarceration relating to a family violence incident. It allows orders for parental responsibility to be made quickly so the person now caring for the child can deal with schools, health care and similar decisions.

Dispensation of Service

An order excusing a party from serving a document on the other party, usually where they cannot be located despite reasonable attempts. Compare substituted service, where service is permitted by some other method.

Equal shared parental responsibility: a note on the 2024 change

The presumption of equal shared parental responsibility was removed from the Family Law Act 1975 on 6 May 2024. The Court has noted that there was never a requirement for children to spend equal time with each parent. Parental responsibility is now decided by reference to the best interests factors, rather than by starting from a presumption. Older articles and templates that refer to the presumption as current law are out of date.

Ex parte

An application dealt with by the Court immediately and without notice to the other party. Reserved for extremely urgent situations, and subject to specific obligations on the applicant, including a high duty of candour.

Family Advocacy and Support Services (FASS)

Free and confidential legal and social support for people affected by family violence who have a family law matter. Available both to people who have experienced family violence and to people whom another person says have used family violence, before, during and after court events. FASS includes duty lawyers and social support workers, and can be used alongside your own lawyer.

Flagging Order

An order preventing a superannuation fund from paying out a benefit, deferring the decision about how the interest should be split to a later date. Used where an interest cannot yet be split.

Interlocutory Order

An order made during proceedings rather than at their conclusion, dealing with a procedural or interim question. A request for an urgent listing is sought as an interlocutory order.

Just and Equitable

The standard the Court applies to a property settlement. There is no formula and no fixed percentage: the Court decides what is just and equitable, meaning fair according to law, on the facts of the particular case.

Leave

The Court's permission to do something that would otherwise be out of time or outside the rules, most commonly to bring a property or maintenance application after the relevant time limit has passed. Leave is not automatic and is not always granted.

Nullity

An order declaring that a marriage was void, that is, that the parties were not validly married. Financial and maintenance applications arising out of a void marriage must generally be made within 12 months of the decree of nullity.

Participating Jurisdiction

For de facto financial matters, a state or territory with which the parties must have a geographical connection before the Court can determine the dispute. Every Australian state and territory participates except Western Australia.

Priority Property Pool (PPP) Case

A streamlined court pathway for matters seeking financial orders only, where the net value of the property, excluding superannuation, is or is likely to be less than $550,000. Managed under its own practice direction to be quicker and less expensive.

Procedural Fairness to the Trustee

The requirement that the trustee of a superannuation fund be given notice of a proposed splitting order before it is made, because the order imposes obligations on them. Where consent orders are sought, written notice must be served on the trustee at least 28 days before filing, and the trustee may object within 28 days.

Superannuation Information Request

A request made through the Commonwealth Courts Portal, in a current property settlement proceeding, for a party's superannuation information held by the Commissioner of Taxation. A response is usually available within about 7 days and is visible to all parties. The information may not reflect an up-to-date balance and must be used only for the proceeding.

Definitions in this section reflect the published guidance of the Federal Circuit and Family Court of Australia, including its pages on financial and property matters, superannuation, family dispute resolution, consent orders and the changes from 6 May 2024, as at 26 October 2026. Thresholds and procedures change. This glossary is general information only, not legal advice.

Is there still a presumption of equal shared parental responsibility?

No. The presumption of equal shared parental responsibility was removed from the Family Law Act on 6 May 2024, and the Court has noted that there was never a requirement for children to spend equal time with each parent even while the presumption existed. Parental responsibility is now decided by reference to the best interests factors rather than from a starting presumption, which gives the Court greater flexibility to make the arrangement that actually suits the particular child. Older articles, templates, glossaries and advice circulating online that describe the presumption as current law are out of date, so check the date of anything you read on this point before relying on it.

What is the difference between a parenting plan and parenting orders?

A parenting plan is a written agreement between parents and it is not legally enforceable. Parenting orders are made or endorsed by the Court and are enforceable, with a dedicated compliance and enforcement process where they are not followed. A plan can be changed by agreement without returning to court, which is part of its appeal for families whose arrangements evolve, but it offers no remedy if one party simply stops following it. It can also affect existing court orders, so take advice about the consequences before signing one, particularly where parenting orders are already in place and the plan would operate inconsistently with them.

What does just and equitable mean?

It is the standard the Court applies to a property settlement: fair according to law, on the facts of the particular case. There is no formula and no fixed percentage. After identifying and valuing the asset pool, assessing each party's contributions, and considering each party's future needs, the Court stands back and asks whether the overall result is just and equitable in all the circumstances. It is the reason two superficially similar cases can produce quite different outcomes, and the reason an experienced practitioner will describe a range rather than a number. The same standard applies to consent orders: a Registrar must be satisfied of it before making the orders you have agreed.

What is the duty of disclosure?

The requirement that all parties to a family law dispute provide each other with all information relevant to an issue in the case, including information recorded on paper, stored electronically, and documents the other party may not know about. It begins with the pre-action procedure before a case starts and continues until the matter is finalised, and it is ongoing: as circumstances change or further documents come into your possession, power or control, you must keep disclosing. In financial matters it covers your total direct and indirect financial circumstances, including interests held through corporations, trusts and companies, and disposals of property in the year before separation or since. Breach can lead to evidence being excluded, costs, or contempt.

What is a section 60I certificate?

It is the certificate a registered Family Dispute Resolution Practitioner issues at the conclusion of family dispute resolution, which must generally be filed with a parenting application unless an exemption applies. It records whether the matter resolved in whole or in part, whether the parties attended, and whether they made a genuine effort to resolve the issues between them. Only a practitioner registered with the Commonwealth Attorney-General's Department can issue one, and the Department maintains a searchable register of accredited practitioners. The genuine effort limb matters: there can be costs consequences for attending without genuinely engaging, and the certificate is the document that records it.

What is an Independent Children's Lawyer?

A lawyer appointed by the Court in some cases to represent the child's interests. They do not act for either parent and they do not take instructions from the child, which often surprises parents who expect the ICL to advance whatever the child has said. Their role is to form an independent view of what arrangements are in the child's best interests and to put that view to the Court, which can include arranging reports and gathering material from schools, doctors or child protection authorities. Appointments are more common where the issues are finely balanced, where safety concerns are raised, or where a child's circumstances are complex enough to warrant independent investigation.

What is a companion animal?

It is the Family Law Act's term for a family pet: an animal kept by the parties to a marriage or de facto relationship, or either of them, primarily for the purpose of companionship. The definition excludes an assistance animal within the meaning of the Disability Discrimination Act 1992, an animal kept as part of a business, an animal kept for agricultural purposes, and an animal kept for use in laboratory tests or experiments, so a working farm dog and a household pet can be treated quite differently. "Primarily for the purpose of companionship" is not defined in the Act and takes its ordinary meaning. Since 10 June 2025 companion animals have been dealt with under a framework separate from the rest of the property pool: the Court can order only that one party own the animal, that it be transferred to another person who has consented, or that it be sold, and it cannot order shared ownership or shared care.